Wednesday, June 8, 2011

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  • kumar1
    03-13 04:24 PM
    Guys wait till you see "real" bulletin and even if mirror to what has been placed to Mumbai Consulate, EB3 will forward perhaps slowly now but picking up. EB3-India with PD 2004 mid and before will not have to worry that much.

    BharatPremi -- On what basis are you saying that? There are 1000s and 1000s of L1 VISA holder from India....there are at least 30,000 H1-B that come from India every year, most of them file under EB-3 category and then have wives and kids and they consume visa number.

    I think EB-3 India will never move forward. I would love to know the reason behind what you just said about EB-3




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  • nixstor
    07-01 12:46 PM
    Those who are just watching others call, please make the call. 200 is nothing.

    If you are from Austin or SA, make that call now. It does not take more than 2 minutes.

    We have meetings with Rep Smith's office(s) and all your calls will make an impact on the outcome.




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  • pappu
    11-14 08:26 PM
    December Visa bulletin is obviously frustrating for all of us. After the recent accomplishments in July visa bulletin and the tons of approvals that we saw after that, we hoped that everything will be alright.

    But that did not happen. Some of us in the community were taken by surprise, but this was expected. Afterall there are only 140K greencards available every year. EB2 for India and China is already used up for the quarter. EB3 is badly retrogressed for everyone.

    Believe me, it will not get any better. It will get worse with time if there is no immigration reform.

    IV can only do what its members empower it to do. If members want us to be just a site for question and answers for individual visa problems we can stay like that. If members want us to come together and do a rally in DC, we will help organize it. We did a rally in DC on Sept 18 and made great progress. However we cannot just sit back and admire one effort. We need to continue it and capitalize on it.

    Now is the time for everyone to decide if they want a greencard. If you need a greencard, and want to do something about it, then you must join this effort and help yourself by helping everyone.

    Our Plans

    Our next hope is year end bills. If we can get some provisions in those bills we can certainly look forward to a happy new year with fast movement of visa dates. Next year is an election year and it will become much tougher for any immigration bill to pass. We will need to make super extra push next year for something to happen. So the time to act is NOW.

    We have achieved great successes when we all came together and did something. If you need proof read Macaca’s post with compilation of our achievements. http://immigrationvoice.org/forum/showpost.php?p=181953&postcount=216

    IV only asks 3 things from each one of you. Having these 3 pillars of support from members we will be able to increase our chances for an year end push.
    ================================================== ===============================
    1) Please sign up for monthly contributions. Monthly contributions help us plan ahead of time and commit our resources. Your participation will determine how big of a push we can afford. Just $50 every month per person can have significant effect on the overall push that IV can plan so please consider contributing.. http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
    Please post on this thread, if you have signed up for monthly contributions.
    ================================================== ===============================
    2) Join your state chapters now. Get together with your fellow community members and meet your local lawmakers. We are a grassroots effort and can be successful if each one of us makes a sincere effort to meet our lawmakers and apprise them of our issues. http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
    ================================================== ===============================
    3) Consider yourself part of something big. What we are doing is something big. We have already done what was difficult to think when this organization was started. Today we have become a big force and a voice of legal high skilled community. Each one of you defines what IV is. Your posts, your talks with media, your talks with your friends about IV, your talks with your employer about immigration problems, your time and effort you put in for IV defines who we are. Each one of you is important for the success of this effort. Each one of us is a voice and we have converged our energies to make a strong voice. Please consider yourself an integral part of IV and actively participate in the effort.
    ================================================== ===============================
    Let us start a massive effort in this direction and make a year end push!




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  • kaisersose
    11-15 12:03 PM
    There is no use posting ideas on forums. Nothing will come out of it and it will be waste of time for everyone.

    If you have some ideas and you are serious about them, find a state chapter and follow the right channel.



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  • saimrathi
    07-05 08:51 AM
    Wow, that sucks..

    my app reached USCIS on July 2nd. I called up USCIS, the lady read the July Bulletin update word by word and then told me that my application will be rejected and the original documents will be sent back. She did not have an answer on how soon this will happen.




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  • franklin
    09-04 05:28 PM
    I would love to attend the rally. However my financial condition at this time does not permit me. I could have booked a ticket on my credit card but all my cards are max out!
    You want to know why I am in this financial deep hole? Well, I have two sons in college and paying out of state tuition, that is over $17,000 per semester for both of them.
    My wife on H4 could not work until now that she has an EAD. It is retrogression that I should blame and I would love to do all in my power to obtain relief or bring the issue to the attention of the American public.
    In my own way I have contributed to IV both in cash and in kind. I have told me story in countless media interviews. I only wish I could do more for IV financially but alas I am not able to do that at this time.
    I would be in the rally in spirit....only I wish I could attend in person.

    We can help! We want to make sure as many people as possible come to the rally. Those in worse financial positions can take advantage of the many generous offers from other members who are willing to sponsor others.

    You have one offer on this thread already http://immigrationvoice.org/forum/showthread.php?t=12441 - check this thread out for more. Yours is a compelling story, and we'd all love to hear it first hand!



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  • Nil
    03-15 03:10 AM
    As mentioned by some others in the same thread: a lot of employers are also taking advantage of this situation.

    i was one of those who was forced to file EB3 despite qualifying very well for EB2. The pretext is job description, although same job description has personnel applied for in EB2.

    Quite a few of the EB3 crowd has had no choice, but to be herded in the slowest category to benefit the employer.

    How can we highlight this?




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  • paskal
    07-14 10:28 AM
    this is sheer speculation.
    the actual number is likley to be much much smaller based on the few signals we get from our sources. the visa bulletin is issued by DOS NOT USCIS. DOS as we know (remember July 07?) is trying it's best to get USCIS to use EVERY available GC for the year. that is the most important reason for giving them scuh an extended date for RB2 I/C. it appears that they have concluded that udsing the numbers is more important than FIFO.

    whether the overflow goes to EB3 ROW or to EB2 I/C, the fact is EB3 I is going to be the last receipient. i hopw everyone undrestands this. the change in interpretation bu USCIS has not changed the ground facts for EB3 I. ONLY one thing will change those facts- MORE GC NUMBERS, whther by recapture or exemptions or CIR.



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  • anilsal
    12-11 04:20 PM
    please close the thread.




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  • mohican
    01-15 09:16 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.




    Mohican,

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.



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  • rajuram
    06-09 12:52 AM
    It is very easy to write but difficult to do. Except for IV folks there are hardly any fighters out there for our cause. We have all seen the result....CIR that favors ill-legals but decreases visa numbers for the EB cases.


    You may also say ... In this country, no one gives it to you. You have to fight for it. :rolleyes:




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  • Ahimsa
    07-05 09:51 AM
    This is the newslink what we discussed earlier on IEEE-USA's view on CIR:
    http://www.vnunet.com/vnunet/news/21...oreign-workers

    This says "Combined with the H-1B visa increases, the Senate bill also includes "substantial increases" in legal permanent immigrant admissions that could have a major impact on the US IT workforce and engineering enterprise, according to IEEE-USA."

    IEEE-USA must know the current increase of EB visas in CIR was mainly warranted due to the current backlogs in labor and due to retrogression.
    IEEE-USA when issuing statement like this, should understand that making people wait 5-8 years for adjudication is simply unfair.

    Let IEEE-USA vouch to reform H-1B later and work to clear the backlogs and retrogression first.



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  • test101
    07-05 11:56 AM
    Ok. What did you guys say when the secretary answered? I need to have my narrative ready.

    I said I'd like to weigh on the current revised July visa Bulltien, they directed me to someone and explained the whole situation . Do not use complex word.




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  • 485Mbe4001
    08-21 07:30 PM
    An article of getting PIO card from India :)

    www.outlookindia.com | The Papers Are In Order (http://www.outlookindia.com/article.aspx?261306)

    I am a Person of Indian Origin. I have a slate-grey passport-like document issued by the Indian government that says so. But I�m not really. I was not born or brought up here, and I do not have a single direct ancestor who, as far as I know, ever lived in India. I have become the proud possessor of a Persons of Indian Origin card because I am married to an Indian citizen.

    I had lived in India, on and off, for ten years�and had been married to an Indian citizen for even longer.
    Two men were seated at the edge of the sofa, looking more nervous than me. Shireen was questioning them.


    Previously, my visas were renewed every six months. We now wanted to stay in India indefinitely and make our home in Delhi. I would have preferred dual citizenship�but that wasn�t, and still isn�t, available. PIO would be second best. But the actual card was not easy to come by. It involved a total of 17 visits to three separate ministries and five different offices. It took up at least four full days of my life. I was interviewed twice, the second time at home with my wife, Shireen. The first time was at the offices of the Foreigners Division, Ministry of Home Affairs, in an unventilated, very public room brimming with non-Indians from every continent. I reached the head of the queue after two hours of eavesdropping on other people�s immigration problems. I was asked, among other more prosaic questions, to explain why I had married an Indian woman (�Love,� I said, monosyllabically), and then, with a leer and a twinkle, whether I had had many Indian girlfriends. �N-no�, I stuttered. My hesitant response did not reflect either uncertainty or mendacity on my part, but my surprise and my growing irritation with the questioner. The interview ended abruptly. He wrote �Refer for further enquiry� on my residence permit and said I would receive a home visit. �We need to be sure that marriages to Indian citizens are genuine.�

    Several weeks later, one Friday afternoon around 5 pm, I received a phone call as I was pottering around the streets of central Delhi.
    �He wanted a bribe, you idiot,� my friend said. �You�ll never get your card now; he�d have been happy with Rs 100.�


    The investigators from the Home Ministry would be at my home at 5.30. As I rushed home, images of Mr and Mrs, a television programme of my UK childhood, flashed through my mind. A gormless husband would be placed in a soundproof booth, while his bright-as-a-button wife would stand on the stage. She would be asked semi-intimate questions about their life together: what was the first present she gave him when they were ? What colour nightclothes was she wearing yesterday? And so on. The husband was then released from the booth, and would invariably get the answers wrong, to his embarrassment and everyone else�s amusement. It was gentle viewing�a mild celebration of female omniscience and male autism. But now I was going to take part in a real-life version of Mr and Mrs, and my precious PIO card, and perhaps my right to stay in India, would depend on it. And, suddenly I could not, for the life of me, remember the colour of Shireen�s toothbrush, or the name of her favourite Hindi movie, or her shoe size. Fifteen years of marriage had been erased from my memory. I was sweating with nerves by the time I reached home.

    Two men were seated on the edge of the sofa, looking even more nervous than me, untouched glasses of water in front of them. Shireen was questioning them about their professional qualifications�which were not very extensive. I gave her a self-conscious kiss on the cheek and sat down. At that point, our children burst in, a dancing duet of carefree excitement.

    �What are these children?� asked the chief investigator.

    �They�re ours.� Shireen responded with a slight chill in her voice.

    �Children of both of you? They are very old.�

    �Yes, both of us. They�re twelve and eleven.�

    �How do you have children if you are just married?� I had not prepared for this baffling line of questioning�and was later reprimanded for just sitting there with my mouth open. Shireen, meanwhile, delivered a crushing blow.

    �Ridiculous (sotto voce).... This is all totally ridiculous (out loud).... We�ve been married for fifteen years.�

    I nodded eagerly.

    The two men looked at each other, aghast, and then started scrabbling through the cardboard file they had brought with them. It became clear that they normally interviewed newly-married couples.

    �Can we see your marriage certificate?� I showed it to them and was asked for a copy. I printed out a copy of the certificate, which was downloaded on my computer. They then got up and left�abruptly ending my brief cameo on Mr and Mrs�having promised a decision within two weeks.

    The following evening, a Saturday, our cook, Pan Singh, said one of the men who had come yesterday was at the gate, asking for a lifafa, the Hindi word for envelope. I asked him to invite the man in. Pan Singh returned, a little sheepish, saying the man refused to come in, but just wanted a lifafa�with our marriage certificate. And so, slightly puzzled, I printed out another copy.

    Later, I told a friend this story. �He wanted a bribe, you idiot. A lifafa is what you put the bribe in. You�ll never get your PIO card now, and he�d have been perfectly happy with 100 rupees.�

    Three weeks later I went to the Foreigners� Regional Registration Office to hear the good news, and the bad. �Your application for a PIO has successfully passed the enquiry stage,� the official informed me without looking up. �But unfortunately, Mr Miller, all your documentation has gone astray and you will need to resubmit.� I looked heavenwards and brought my hand down rather heavily on the table. �I�m sorry. We�re not computerised yet, and some of our agents are a little careless.� It may have been my imagination, but I�m sure I detected the trace of a wink in her left eye. �Probably best to apply next time you�re in London,� she told me cheerfully. I walked away presuming, but unable to prove, that my papers had been deliberately lost.

    I took her advice. Three weeks after putting in my application to the Indian High Commission in London (no interview necessary), I had my precious PIO card�together with a 15-year visa, the right to buy property in India, and, to my amusement, the ability to join the diplomats� queue at immigration at Delhi airport. This is of no practical use, because I still have to wait just as long for my luggage, but I do get childishly gleeful as I saunter past the first-class passengers.



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  • SDdesi
    06-04 07:10 PM
    Heres an interesting reading on ILW's comments on the recent announcement for the audits.

    http://www.ilw.com/immigdaily/digest/2008,0605.shtm




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  • Tito_ortiz
    12-01 11:04 AM
    Ah, ah. You just gave a very good suggestion. One of us should dress like Gandhi. That would be a peaceful way to bring attention to our cause. I can see that.

    Any thin, bald and friendly Indian fellow out there could volunteer ?

    Also, the fellow who suggested the free MATH tutoring, SAT, GMAT/GRE is a genius !! That could be a very creative and peaceful way to protest !

    Good thread !!

    There are two things we can do to fight for devil of Retrogression. Similarly Mahata Ganghi did for Independence

    1. Release stress, frustration, negativity encounter to all of us due to retrogression. Positive points are highlighed in this thread by many friends. Mahatma Gandhi also did the same to overcome enger, frustration of millions of people.

    2. Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.

    This is just my thought !!! I am not sure every one like it or not. When MLK Jr inspired by Gandhi philosophy and made revolution, why can't we?



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  • wolfpok
    09-19 08:24 PM
    fine post logiclife. Its great that you guys have done the hard work to win a seat at the table. Keep at it and we are here to support you all. And yes doing our bit.

    btw - Your baseball analogy was a bit stretched. :) although i agree completely with what you said.

    pok from nc.




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  • qvadis
    03-20 08:33 PM
    The visa office's interpretation is correct and if you read 202 (a) (5) it clearly says that the country limits should be ignored for unused visa numbers.

    Well, which interpretation? The one from April '08 or from November '05? They substantially differ. That's part of the controversy. What motivated them to change it?

    I do think that the interpretation is, at least, debatable, and I can see both interpretations. In the end, the question comes down to: does the country limit have priority over the EB category, and I don't think you can have a conclusive answer.


    I have gone through the sections of 202 (a) (5) and 203 (b) and the text of the law does not say that prefer country limits over categories.


    But it also doesn't say the opposite.


    In 202 (a) (5) it actually says assign visa numbers wasted in any category can be assigned with out per country limits. If you look at how they overflow from one category to another, those visa numbers belong to that category before they do NOT belong to a oversubscribed state or belong to ROW.


    It also states: if Visas available. You can certainly construe the case that Visas can only be available if they cannot be assigned to a lower category. 202 (a) (5) (B) actually states that only in application of 202 (e), Visas should be deemed to be required. Does that mean they are not required otherwise? 203(b) actually uses the same terminology to allow non-required visas to fall through.

    Historically, before AC-21 was added, Visa numbers were wasted because they needed to be assigned in proportion. Irrespective of the interpretation of 202 (a) (5) this cannot happen with AC-21.




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  • EkAurAaya
    07-02 04:55 PM
    Got it yesterday...

    1 year EAD + validation from the date of approval, so basically lost 3 months of my current EAD.

    We've been hoodwinked once again by USCIS! :mad:




    garybanz
    09-20 01:51 PM
    San Jose was a local CA event planned almost spontaneously. DC was an event planned months in advance. People were offered Free ride, Free plane fare, Free food (in Gurdwaras). Yet how many participated?



    I have been refraining from posting on this point, as I wouldn't like to belittle the contributions of the strong team from California and the numbers they brought to the rally.

    But let's face it. CA has more EB immigrants than the next three. Look at the recent 2006 Performance report from DoL (available at Mathew Oh website). CA had 21,000+ labor petitions compared to NY - 7,000, NJ - 7,000(?) , TX - 5000. As you can see CA scores more than the next three states put together.

    If 40 people participate from NY, it's as good as 120 from Cal. Percentagewise it would be the same. If 40 peope walk in Michigan ( 2000 Labor petitions) statistically it would surpass CA, percentagewise.

    It's a known thing that only 5%-10% of the population participates actively in the most successful movements be it American Revolution or struggle for Indian Independence. We haven't reached that critical mass yet ( at the regional level)



    There is an enthusiasm right now. But how long before the fatigue sets in? Rallies need to be minimal, held with certain strategic target and should serve some specific purpose.

    Weekend rallies attracting bigger crowds is a myth. Be prepared to listen to reasons like - Shucks I have to mow the lawn, take kids to Bharatanatyam dance classes, I have relatives over for lunch etc.

    With that logic if we hold rallies over the LONG weekends, we should attract bigger crowd, since people have 2-3 days to relax afterwards. And since people already plan to visit Orlando, LA etc to visit Disneyland, Universal etc., if we can hold rallies there we should attract the highest possible crowd. Do you think my idea will work?




    I agree with you 100%. Question is - who'll bell the cat? Who will take the lead and sacrifice their time, family life etc. to plan, organize and conduct these?

    We need a fearless leader like Aman Kapoor, who can motivate and inspire people to participate, in every state. Where can we find them?

    The answer is we all will have to bell the cat...and it will take more than a few attempts to do that.

    IMHO, we should focus on what we can do rather than focusing on what some people could have done or what some one did to dampen the last attempt.

    People will always find time for what is important to them; all we can do is try to make it more convenient and keep giving then enough opportunities.

    We should have some sales/marketing people on this forum; they could have told us about how long it takes to convert a prospect to a customer.

    Have faith my friend...




    sugaur
    05-21 03:40 PM
    I will match dollar for dollar all contributions for the next 3 hours, if some one from IV will confirm the amount.



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